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TAMPA ELECTRIC CO. v. NASHVILLE COAL CO.

Civ. A. No. 2418.

168 F.Supp. 456 (1958)

TAMPA ELECTRIC COMPANY, Plaintiff, v. NASHVILLE COAL COMPANY et al., Defendants.

United States District Court M. D. Tennessee, Nashville Division.

November 18, 1958.

Attorney(s) appearing for the Case

David Keeble, of Hooker, Keeble, Dotson & Harris, Nashville, Tenn., William C. Chanler, of Winthrop, Stimson, Putnam & Roberts, New York City, for plaintiff.

Cecil Sims, of Bass, Berry & Sims, Nashville, Tenn., Abe Fortas and Norman Diamond, of Arnold, Fortas & Porter, Washington, D. C., for defendants.

WILLIAM E. MILLER, District Judge.

This is an action for a declaratory judgment seeking to establish that a certain contract referred to as the Potter-Tampa contract is valid and enforceable and binding upon both the plaintiff and the defendants.

The defendants, hereinafter sometimes referred to as the Seller, have moved the Court for summary judgment, contending that there are no issues of fact to be decided by the Court, and that the undisputed facts establish...

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